Dáil debates

Tuesday, 17 January 2017

Topical Issue Debate

Home Repossessions

9:05 pm

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael) | Oireachtas source

To be absolutely clear, we are discussing this in the light of a High Court decision of 21 December 2016. I wish to restate that the Tánaiste and the Department of Justice and Equality are aware of this decision and it is being examined by the Department. As I have said, the Government is making every effort and fully understands the difficulties families face with respect to trying to avoid repossession of their homes.

As I have explained and as we are all aware, the courts are independent in the exercise of their judicial functions and in the management and conduct of cases which come before them, as are county registrars. The power of a county registrar in making possession orders is, as I have said, extremely limited. It is, of course, up to a judge to consider all issues raised, including, as the Deputy said and if applicable, issues in regard to the European Union directive on unfair terms in consumer contracts.

The fundamental point is that the court case of 21 December is being reviewed by the Department, which is the first week that business has resumed in the Dáil. I have no doubt that, as the Deputy said, there will be a further update in the very near future with respect to development in the case.

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